Who do you think should be responsible for this situation?

So there is an old dead pine tree on the property of the neighbor behind us, but for some reason, they built their fence to exclude it from their yard. We keep getting tree removal service people at our door asking us about removing it because it's inside our fence but since it lies on the neighbor's property, we tell them it's his problem.

Last night the top of the tree broke off and fell in our yard, and the neighbor is worried the rest will fall onto his house.

Who do you think is responsible here?

Its the responsibility of the person who's property it is on, IMO.

Its your neighbor's issue. Why is he not doing anything about it?

He thinks it's our responsibility because it is inside our fence.

Fences don't mean anything. It has to do with the property line. If he wants you to take care of it, get him to sign something saying the tree belongs to you. Otherwise go to the county clerk's office, get the property records, and show him that the tree is his responsibility. If the tree falls on his house and it's on his property, then it's still his responsibility. This has nothing to do with opinion. The tree belongs to whomever's property it lies on. It has nothing to do with where your neighbor chose to put his fence.

If the tree falls on his house and damages it, his home owner's insurance should cover it. If he comes bothering you about repairs, tell him to check his property records because regardless of where the fence is, the tree is still on his property.

Seesaw

Another question, why did you build a fence around it? Why didn't you exclude it from your property? Why would you put a fence around property that wasn't yours?

Seesaw

Well, the house is the property of the Salvation Army, so it's basically bought and paid for to house the current general of the organization or some arrangement like that. The previous occupant, the previous general or what have you, had the fence built to let his dogs out and get fresh air in the yard.

Thing is, he built the back end of the fence a bit closer to his house than where the property line lies, so his dead tree sits on our side of the fence. Granted, we have a portion of his property on our side giving us a bigger back yard, but the dead tree is his to remove.

When mom still lived here she suggested we split the expense of having it removed, but Dad wouldn't have it. It's on the neighbor's property, thus it's his responsibility to take down.

The tree in question was about 50 feet tall, but like I said previously, the top broke off last night so it's more like 40 feet tall now.

His tree on his property his problem... not sure why this is even a question

And the Salvation Army was okay with you putting a fence on their property? I think you've muddied the waters here by putting a fence on his property. I can't imagine any property owner who wouldn't have a problem with that. You know he could demolish your fence and not have to give any kind of restitution to you for it because it's on his property? I would be pretty pissed if someone put a fence on my property, regardless of where I decided to put my fence on my property. I mean, just because I put my fence closer to my house does not then give my backside neighbor the right to put their fence on my property.

I could potentially see a judge saying that because you put your fence around it, that makes it yours...

But, like I said, property lines usually rule the day here. Just go get a copy of the property records and show him that it is indeed his responsibility. Or just wait for it to fall on his house and when his insurance tries to come after you, they won't because they'll look at the property lines and realize it's on his property.

It is a problem that you put a fence around it. How are they supposed to get to it to cut it down if it's inside your fence?

Seesaw

The Salvation Army built the fence, not us.

This makes no sense. You said your fence goes around it. Why did the Salvation Army build a fence for your backyard?

if the tree is in danger of falling down or is dead then my views are why quibble on who is supposed to do it. the tree can fall in either direction and cause damages to both sides depending upon where it lands. (Im assuming if it creates a big hole or uproots grass and such or hits buildings on your side, your side isnt going to leave that gaping hole or damages for others to get hurt on/ in. )

my point here where I am we dont fight over who's responsiblity it is to get rid of a dead tree. it doesnt really matter who gets rid of it as long as its done before it comes down harming others. if where we are we fought about dead trees and who's responsible for removing it the fight would go on until one side or the other no longer has a home to live in, pot to... well you get the point... with all the troubles in the world a dead tree removal vs paying for damages if it comes down on its own...

my suggestion would be to say to heck with this fight that is going no where and call the removers and have it removed. problem solved and both sides can get back to enjoying life rather than fighting...

but since you asked who would be responsible... here the city code is if a fence is involved the responsible party is the one who resides on the side of the fence where the tree is..... unless.... the tree is on city property (with in a certain distance of roads and sidewalks) then its the responsibility of the city.

my suggestion contact the city. they will tell you whether you or they are responsible according to your locations city/ town codes and if it is a danger or dead the city will contact you or your neighbor with a violation of coding correction request that will require you or your neighbor to remove the tree with in so many days.

I have a dead pine tree, too. It will cost $1500 to cut it down!

Neither of you have to remove the tree. The tree is on your neighbor’s property, so it is his tree. Your fence is on his property, so it is an ‘encroachment’. No matter who put up the fence, the neighbor can sue you to remove the fence off his property. Sometimes, people can lose part of their land by allowing an encroachment.

You can get a copy of your survey of your property at the county appraiser’s office. Then you can show him the tree is on his property. But, I recommend you don’t even talk about it again because he’ll come after you over the fence.

That’s the way I understand it IME.

They built the fence between our yards. My father added onto that fence and our next door neighbor's fence to make a fully fenced in backyard for our dogs. Dad got permission from both parties to add on, and because we live on a corner lot, he built the fencing along the street side of our yard.

It all makes perfect sense.

The guy who lives in the salvation army house is not the owner, the salvation army is. Are there electrical lines nearby? Maybe the local power company needs to be involved, if the tree could fall on a line.

The tree is his responsibility.

If the tree is a danger and/or diseased, contact your City Aborists. Ultimately, they will remove the tree if such is the case. Otherwise, I'd have it removed and pass along to him the bill.

Do you rent? Contact your landlord and the ombudsman.

In the meantime, build your own fence along the property line. He can't ignore that.